Massachusetts Supreme Judicial Court September 15, 1842 (Crafts v. Hibbard)

Dewet, J.

To entitle the plaintiffs to maintain their action for a breach of the covenant of warranty contained in the deed of the defendants, they must show affirmatively a superior outstanding title in a third person, who has entered upon the land, or some portion of it, under such title, and ousted the plaintiffs. 4 Mass. 410, 442.